Legal Opinion
Bruce K. Dovey v. BNSF Railway
Montana Supreme Court
Decided October 20, 2008No. DA 07-0345PublishedCited by 8 opinions
1Opinion of the CourtJustice Leaphart
¶1 Bruce K. Dovey (“Dovey”) appeals the District Court’s order granting summary judgment in favor of BNSF Railway Corporation (“BNSF”), permitting BNSF to amend its answer, and dismissing Dovey’s claims on the basis of judicial estoppel. We reverse and remand.
¶2 Dovey raises several issues on appeal, which we recharacterize as follows:
¶3 Did the District Court err by granting BNSF’s motion for summary judgment and concluding as a matter of law that Dovey was judicially estopped from pursuing his claim against BNSF?
BACKGROUND
¶4 Dovey had financial difficulties which ultimately led him to file…
2Cases cited10 opinions
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996
- St. Louis Southwestern Railway Co. v. DickersonSupreme Court of the United States · 1985
- Staples v. FARMERS UNION MUTUAL INSURANCE COMPANYMontana Supreme Court · 2004
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bridgman v. Union Pacific RailroadMontana Supreme Court · 2013
- McAtee v. Morrison & FramptonMontana Supreme Court · 2021
- Saddlebrook v. Krohne FundMontana Supreme Court · 2024
- Amerimont, Inc. v. Fidelity National Title InsuranceMontana Supreme Court · 2009
- J. L. G. v. M. F. D.Montana Supreme Court · 2014
3 more not listed; retrieve them via the Exa API.